62-780.680. No Further Action and No Further Action with Controls  


Effective on Thursday, February 2, 2017
  • 1(1) Risk Management Options Level I – A No Further Action without institutional controls or without institutional and engineering controls shall apply if the following conditions are met:

    29(a) Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids;

    52(b) Contaminated soil is not present in the unsaturated zone, as demonstrated by the analyses of soil samples collected from representative sampling locations (unless the Department has concurred that soil sampling is unnecessary based on the site-specific conditions), that show that one or more of the criteria for direct exposure and one or more of the criteria for leachability are met, as applicable:

    1151. Criteria for direct exposure are as follows:

    123a. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 14262-780.680(1)(b)1.d., 143F.A.C., do not exceed the less stringent of:

    151(I) The residential soil CTLs specified in chapter 62-777, F.A.C., Table II,

    163(II) The background concentrations, or

    168(III) The best achievable detection limits.

    174b. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 19362-780.680(1)(b)1.d., 194F.A.C., do not exceed the alternative residential soil CTLs established using site-specific soil properties pursuant to subparagraph 21162-780.600(5)(c)2., 212F.A.C., and the equations and default residential exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,

    235c. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 24862-780.600(5)(c)3., 249F.A.C., or average soil concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph 27062-780.680(1)(b)1.d., 271F.A.C., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 28662-780.600(5)(c)3., 287F.A.C., do not exceed the residential soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 31062-780.100(2), 311F.A.C.; and,

    313d. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 33062-780.680(1)(b)1.a., 33162-780.680(1)(b)1.b., 332or 33362-780.680(1)(b)1.c., 334F.A.C. [refer to the technical report referenced in subsection 34362-780.100(2), 344F.A.C., for guidance], the following criteria shall be met:

    353(I) An approved statistical method pursuant to subsection 36162-780.610(2), 362F.A.C., shall be used to perform the 95% UCL calculations,

    372(II) The exposure unit shall not exceed 1/4 acre 381unless it is demonstrated using statistically appropriate techniques, which shall include an appropriate number of samples which are representative of the exposure unit, that the contaminants are uniformly distributed such that a 95% UCL based on an alternative exposure unit size(s) will be sufficiently protective of human health, public safety and the environment. The exposure unit(s) 437shall be located within the source property boundaries,

    445(III) A minimum of 10 representative soil samples is required when 456discrete sample data are used and three representative soil samples when ISM sample data are used; 472and,

    473(IV) The average soil concentration shall not be compared with any CTL based upon acute toxicity. For acute toxicity CTLs comparisons must be made with discrete sampling data.

    5012. Criteria for leachability are as follows:

    508a. Soil contaminant concentrations 512measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data 533do not exceed the less stringent of:

    540(I) The groundwater and, if applicable, surface water leachability-based soil CTLs specified in chapter 62-777, F.A.C., Table II,

    558(II) The background concentrations, or

    563(III) The best achievable detection limits.

    569b. Soil contaminant concentrations 573measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data 594do not exceed the alternative leachability-based soil CTLs established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs based on the site-specific background concentrations [refer to sub-subparagraph 62962-780.680(1)(c)1.b., 630F.A.C.], and, if applicable, the alternative surface water CTLs based on the site-specific background concentrations [refer to subparagraph 64862-780.680(1)(d)2., 649F.A.C.],

    650c. Direct leachability testing results pursuant to subparagraph 65862-780.600(5)(c)4., 659F.A.C., demonstrate that leachate concentrations do not exceed the appropriate groundwater CTLs pursuant to paragraph 67462-780.680(1)(c), 675F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 68762-780.680(1)(d), 688F.A.C.,

    689d. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 70962-780.600(5)(c)2., 710F.A.C., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant to paragraph 73262-780.680(1)(c), 733F.A.C.; and, if applicable, the appropriate surface water CTLs pursuant to paragraph 74562-780.680(1)(d), 746F.A.C.,

    747e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 76062-780.600(5)(c)3., 761F.A.C., do not exceed the leachability-based soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 78462-780.100(2), 785F.A.C.,

    786f. For soil that is and has been exposed to the elements (i.e., open ground, not covered by impermeable or semi-permeable cover) and subject to infiltration throughout the entire unsaturated zone for a minimum of two years, it has been subsequently demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to paragraph 86062-780.680(1)(c), 861F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 87362-780.680(1)(d), 874F.A.C. This demonstration shall consider site-specific characteristics such as the thickness of the unsaturated zone, depth and mass of soil contaminants, soil lithology, actual precipitation, concentration gradients, and the chemical and physical characteristics of the contaminants, or

    911(c) Contaminated groundwater is not present, as demonstrated by the analyses of groundwater samples collected from representative sampling locations (unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions), that show that criteria 1. and 2. are met:

    9541. Groundwater contaminant concentrations do not exceed the less stringent of:

    965a. The groundwater CTLs specified in chapter 62-777, F.A.C., Table I groundwater criteria column, except that for 982contaminated sites undergoing site rehabilitation pursuant to sections 990376.30701 991and 992376.81, F.S., 994and petroleum contamination sites being addressed pursuant to section 1003376.3071, F.S., 1005that are not eligible for state-funded site rehabilitation, if the PRSR elects, 1017groundwater contaminant concentrations may exceed the groundwater CTLs derived from nuisance, organoleptic, or aesthetic considerations if the following additional criteria are met:

    1039(I) Concentrations of contaminants meet all applicable health-based groundwater CTLs provided in chapter 62-777, F.A.C., Table I groundwater criteria column, and chapter 62-780, F.A.C., Table F, 1065located at the end of rule 107162-780.900, 1072F.A.C., 1073and if applicable, surface water CTLs pursuant to paragraph 108262-780.680(1)(d), 1083F.A.C.,

    1084(II) The PRSR has demonstrated by a minimum of one year of groundwater monitoring data that groundwater concentrations at the property boundary do not, and will not, exceed the groundwater CTLs pursuant to subparagraph 111862-780.680(1)(c)1. 1119or 2., F.A.C., and, if applicable, the surface water CTLs pursuant to paragraph 113262-780.680(1)(d), 1133F.A.C.,

    1134(III) The property has access to and is connected to an off11461147site water supply for domestic purposes and private wells are not used for domestic purposes. For purposes of this rule, “domestic purposes” means that the water is used for human consumption such as bathing, cooking, or drinking, and is provided through pipes or other constructed conveyances; and,

    1194(IV) 1195For contaminated sites undergoing site rehabilitation pursuant to section 1204376.81, F.S., 1206the 1207real property owner provides written acceptance of the No Further Action Proposal to the Department. 1222For all other sites being closed under this provision, the real property owner does not object to the No Further Action Proposal to the Department.

    1247b. The background concentrations, or

    1252c. The best achievable detection limits; and,

    12592. Groundwater contaminant concentrations do not exceed the surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column, as applicable, if the site’s groundwater contaminant concentrations are affecting or may potentially affect a surface water body based on monitoring well data, groundwater flow rate and direction, or fate and transport modeling. 1321The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to section 1355376.30701(2), F.S., 1357(including petroleum contamination sites being addressed pursuant to section 1366376.3071, F.S., 1368that are not eligible for state-funded site rehabilitation, if the PRSR elects) or section 1382376.81(1), F.S., 1384such measurement is not necessary if it has been demonstrated, based onsite assessment data provided in accordance with rule 140362-780.600, 1404F.A.C., that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria1422.

    1423(d) Contaminated surface water is not present, as demonstrated by the analyses of surface water samples collected from representative sampling locations (unless the Department has concurred that surface water sampling is unnecessary based on the site-specific conditions), that show that contaminant concentrations do not exceed the less stringent of:

    14721. The applicable surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column,

    14962. The background concentrations, or

    15013. The best achievable detection limits; and,

    1508(e) Contaminated sediment is not present, as demonstrated by the analyses of sediment samples collected from representative sampling locations (unless the Department has concurred that sediment sampling is unnecessary based on the site-specific conditions), or the concentrations of contaminants in sediment do not exceed the background concentrations.

    1555(2) Risk Management Options Level II – A No Further Action with institutional controls 1569(whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), 1593and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. 1613Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 162962-780.220(7), 1630F.A.C. 1631Fate and transport models, as defined in rule 163962-780.610, 1640F.A.C., may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I criteria of subsection 167962-780.680(1), 1680F.A.C.:

    1681(a) 1682Criteria for evaluation of free product are as follows:

    16911. 1692Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or

    17152. Free product removal is not technologically feasible or cost-effective; and,

    17263. Free product is not migrating and does not pose a risk to human health, public safety or the environment.

    1746(b) Alternative soil CTLs have been established by the PRSR and one or more of the criteria for direct exposure and one or more of the criteria for leachability are met for soil in the unsaturated zone, as applicable:

    17851. Criteria for direct exposure are as follows:

    1793a. Soil contaminant concentrations 1797measured with discrete samples, 1801or average soil contaminant concentrations calculated based on the 95% UCL approach 1813from discrete or ISM sampling data, 1819do not exceed the commercial/industrial soil CTLs specified in chapter 62-777, F.A.C., Table II,

    1833b. An engineering control that prevents human exposure (for example, permanent cover material or a minimum of two feet of soil) is implemented, in which case the contaminant concentrations in the soil below the permanent cover or two or more feet below land surface may exceed the direct exposure soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,

    1938c. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 195762-780.680(2)(b)1.e., 1958F.A.C., do not exceed the alternative commercial/industrial soil CTLs calculated using site-specific soil properties pursuant to subparagraph 197562-780.600(5)(c)2., 1976F.A.C., and the equations and default commercial/industrial exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,

    1999d. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 201262-780.600(5)(c)3., 2013F.A.C., or average soil contaminant concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph 203562-780.680(2)(b)1.e., 2036F.A.C., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 205162-780.600(5)(c)3., 2052F.A.C., do not exceed the commercial/industrial soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 207562-780.100(2), 2076F.A.C.; and,

    2078e. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 209562-780.680(2)(b)1.a., 209662-780.680(2)(b)1.c. 2097or 209862-780.680(2)(b)1.d., 2099F.A.C., [refer to the technical report referenced in subsection 210862-780.100(2), 2109F.A.C., for guidance], the following criteria shall be met:

    2118(I) An approved statistical method pursuant to subsection 212662-780.610(2), 2127F.A.C., shall be used to perform the 95% UCL calculations,

    2137(II) The exposure unit shall be located within the source property boundaries and reflect normal activity patterns for the existing commercial/industrial land use with supporting institutional controls. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,

    2198(III) A minimum of 10 representative soil samples is required when 2209discrete sampling data are used and three representative soil samples when ISM data are used.

    22242. Criteria for leachability are as follows:

    2231a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the equations and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs derived pursuant to paragraph 226562-780.680(2)(c), 2266F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 227862-780.680(1)(d), 2279F.A.C.,

    2280b. Direct leachability testing results pursuant to subparagraph 228862-780.600(5)(c)4., 2289F.A.C., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 230562-780.680(2)(c), 2306F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 231862-780.680(1)(d), 2319F.A.C.,

    2320c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability23522353based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to paragraph 244662-780.680(1)(c), 2447F.A.C., or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 246762-780.680(2)(c), 2468F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 248062-780.680(1)(d), 2481F.A.C.,

    2482d. Soil contaminant concentrations 2486measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data 2507do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 252362-780.600(5)(c)2., 2524F.A.C., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to paragraph 254662-780.680(2)(c), 2547F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 255962-780.680(1)(d), 2560F.A.C.,

    2561e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 257462-780.600(5)(c)3., 2575F.A.C., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 261562-780.100(2), 2616F.A.C., the alternative groundwater CTL for TRPHs established pursuant to paragraph 262762-780.680(2)(c), 2628F.A.C., and, if applicable, the appropriate surface water CTL for TRPHs pursuant to paragraph 264262-780.680(1)(d), 2643F.A.C.; and,

    2645f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to paragraph 269662-780.680(1)(c), 2697F.A.C., or if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 271762-780.680(2)(c), 2718F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 273062-780.680(1)(d), 2731F.A.C.; and,

    2733(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site and one or more of the following criteria are met, as applicable:

    27701. For contamination of groundwater of low yield or poor quality, the CTLs specified in chapter 62-777, F.A.C., Table I groundwater of low yield/poor quality criteria column shall apply to groundwater within the property boundaries, provided that it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subparagraph 284562-780.680(1)(c)1., 2846F.A.C., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 286862-780.680(1)(c)2., 2869F.A.C.,

    28702. An engineering control that prevents migration of the plume (for example, a permanent containment such as a barrier wall) is implemented, and it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subparagraph 293162-780.680(1)(c)1., 2932F.A.C., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 295462-780.680(1)(c)2., 2955F.A.C. Periodic monitoring of the engineering control by the PRSR shall be required to verify the effectiveness of the engineering control in preventing migration of the plume. The PRSR shall report to the Department any failures of the engineering control to prevent migration of the plume within 30 days of discovery of a failure. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,

    30633. For groundwater contamination that is affecting or may potentially affect only a marine surface water body with no other properties or freshwater surface water bodies located between the source property boundary and the marine surface water body, the CTLs specified in chapter 62-777, F.A.C., Table I marine surface water criteria column shall apply to groundwater. 3119The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to section 3153376.30701(2), F.S., 3155(including petroleum contamination sites being addressed pursuant to section 3164376.3071, F.S., 3166that are not eligible for state-funded site rehabilitation, if the PRSR elects) or section 3180376.81(1), F.S., 3182such measurement is not necessary if it has been demonstrated, based on site assessment data provided in accordance with rule 320262-780.600, 3203F.A.C., that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria; 3221and,

    32224. For groundwater contamination that is contained within the property boundaries and limited to the immediate vicinity of the source area, and the area of groundwater contamination is less than 1/4 acre, where it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the groundwater contamination is not migrating away from such localized source area (the plume is stable or shrinking) and has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 331762-780.680(1)(c)2., 3318F.A.C., alternative groundwater CTLs shall be established using the monitoring data and, if applicable, modeling results.

    3334(3) Risk Management Options Level III 3340 3341A No Further Action with institutional controls, 3348(whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), 3372if needed, and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. 3394Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 341062-780.220(7), 3411F.A.C. 3412Alternative CTLs that are based on limitations to land use must be used in conjunction with institutional controls 3430and, if appropriate, engineering controls, 3435to ensure that the limited land use upon which the exposure duration and frequency assumptions were based remains in effect until the PRSR submits information to the Department that supports removal or modification of the recorded controls 3472(if applicable) or that reliance on a non-recorded control is no longer required3485. The PRSR may also use scientific studies or reports to support a No Further Action Proposal without controls under this subsection. Proposals may be based on information about a contaminant’s toxicity or carcinogenicity, provided such information is consistent with the requirements of subparagraph 352962-780.650(1)(b)2., 3530F.A.C. Proposals for no further action without controls may also be based on information about non-site-specific exposure factors, provided such information is consistent with the requirements of sub-subparagraph 355862-780.650(1)(a)4.b., 3559F.A.C. 3560Fate and transport models, as defined in rule 356862-780.610, 3569F.A.C., may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I or Level II criteria of subsection 361162-780.680(1) 3612or 361362-780.680(2), 3614F.A.C.:

    3615(a) 3616Criteria for evaluation of free product are as follows:

    36251. 3626Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or

    36492. Free product removal is not technologically feasible 3657or not cost-effective; and,

    36613. Free product is not migrating and does not pose a risk to human health, public safety or the environment.

    3681(b) Alternative soil CTLs have been established by the PRSR and the following criteria are met for soil in the unsaturated zone:

    37031. Soil contaminant concentrations 3707measured with discrete samples, 3711or average soil contaminant concentrations calculated based on the 95% UCL approach 3723from discrete or ISM sampling data, 3729do not exceed the alternative direct exposure soil CTLs established pursuant to paragraph 374262-780.650(1)(d), 3743F.A.C. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to this subparagraph [refer to the technical report referenced in subsection 376962-780.100(2), 3770F.A.C., for guidance], the following criteria shall be met:

    3779a. An approved statistical method pursuant to subsection 378762-780.610(2), 3788F.A.C., shall be used to perform the 95% UCL calculations,

    3798b. The proposed maximum soil contaminant concentrations address the potential risk based on exposure to contaminants which may cause acute toxicity, and the potential for direct contact within the exposure unit that is not equal and random; and,

    3836c. The exposure unit shall reflect normal activity patterns for the existing land use, with supporting institutional controls if the exposure unit exceeds 1/4 acre. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,

    38952. One or more of the following criteria for leachability are met, as applicable:

    3909a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the alternative groundwater CTLs derived pursuant to paragraph 393162-780.680(3)(c), 3932F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 394462-780.680(1)(d), 3945F.A.C.,

    3946b. Direct leachability testing results pursuant to subparagraph 395462-780.600(5)(c)4., 3955F.A.C., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 397162-780.680(3)(c), 3972F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 398462-780.680(1)(d), 3985F.A.C.,

    3986c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability-based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to paragraph 411162-780.680(1)(c), 4112F.A.C., or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 413262-780.680(3)(c), 4133F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 414562-780.680(1)(d), 4146F.A.C.,

    4147d. Soil contaminant concentrations 4151measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data 4172do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 418862-780.600(5)(c)2., 4189F.A.C., the equation and appropriate default assumptions specified in Chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to paragraph 421162-780.680(3)(c), 4212F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 422462-780.680(1)(d), 4225F.A.C.,

    4226e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 423962-780.600(5)(c)3., 4240F.A.C., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 428162-780.100(2), 4282F.A.C., the alternative groundwater CTL for TRPHs established pursuant to paragraph 429362-780.680(3)(c), 4294F.A.C., and, if applicable, the appropriate surface water CTL for TRPHs pursuant to paragraph 430862-780.680(1)(d), 4309F.A.C.; and,

    4311f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 436262-780.680(3)(c), 4363F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 437562-780.680(1)(d), 4376F.A.C.; and,

    4378(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site, and the following criteria are met:

    44091. Groundwater contaminant concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 442462-780.650(1)(d), 4425F.A.C., and the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 444662-780.680(1)(c)2., 4447F.A.C.; and,

    44492. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the plume is stable or shrinking, and groundwater contaminant concentrations at the institutional control boundary do not, and will not, exceed the appropriate groundwater CTLs pursuant to paragraph 450462-780.680(1)(c), 4505F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 451762-780.680(1)(d), 4518F.A.C.

    4519(4) Unless the No Further Action Proposal is included in a Site Assessment Report pursuant to subparagraph 453662-780.600(8)(b)1., 4537F.A.C., or a Risk Assessment Report pursuant to paragraph 454662-780.650(4)(a), 4547F.A.C., or a Site Rehabilitation Completion Report pursuant to subsection 455762-780.690(10) 4558or 455962-780.750(6), 4560F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy 4575of the No Further Action Proposal when the criteria for No Further Action have been met. The No Further Action Proposal shall include the tables required pursuant to subparagraph 460462-780.600(8)(a)27., 4605F.A.C., updated as applicable. Prior to approval of a No Further Action Proposal with an institutional control or an engineering control accompanied by an institutional control, documentation of 4633completion of notification pursuant to subsection 463962-780.220(7), 4640F.A.C., 4641shall be submitted to the Department.

    4647(5) The Department shall:

    4651(a) Provide the PRSR with a Site Rehabilitation Completion Order that approves the No Further Action Proposal, or

    4669(b) Notify the PRSR in writing, stating the reason(s) why the No Further Action Proposal does not contain information adequate to support the conclusion that the applicable No Further Action criteria of rule 470262-780.680, 4703F.A.C., have been met. Site rehabilitation activities shall not be deemed complete until such time as a No Further Action Proposal is approved.

    4726(6) If the No Further Action Proposal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 474762-780.680(1), 474862-780.680(2), 4749or 475062-780.680(3), 4751F.A.C., the Department shall inform the PRSR pursuant to paragraph 476162-780.680(5)(b), 4762F.A.C., 4763of the basis for a rejection or determination of insufficiency, including the technical and scientific basis for any such rejection. T4784he PRSR shall submit to the Department for review an electronic or paper copy 4798of a revised No Further Action Proposal that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall submit to the Department for review, as appropriate, an electronic or paper copy 4844of a Natural Attenuation Monitoring Plan pursuant to rule 485362-780.690, 4854F.A.C., or an electronic or paper copy 4861of a Remedial Action Plan pursuant to rule 486962-780.700, 4870F.A.C., within 60 days after receipt of the notice.

    4879(7) When a No Further Action Proposal is approved pursuant to subparagraph 489162-780.600(9)(a)1. 4892or paragraph 489462-780.650(5)(a), 489562-780.680(5)(a), 489662-780.690(11)(a) 4897or 489862-780.750(7)(a), 4899F.A.C., the Site Rehabilitation Completion Order shall contain, at a minimum, the following information:

    4913(a) The facility identification number or other FDEP or USEPA tracking number, as applicable, that identifies the property where the source(s) of the contaminated site is(are) or was(were) located;

    4942(b) The street address of the property where the source(s) of the contaminated site is(are) or was(were) located;

    4960(c) The date(s) of the discharge(s), if known, that resulted in the contaminated site;

    4974(d) A reference to an attached map or legal description that depicts or describes the contaminated site for which the Site Rehabilitation Completion Order is being issued;

    5001(e) The most recent tables generated by the PRSR pursuant to subparagraph 501362-780.600(8)(a)27., 5014F.A.C., or subsection 501762-780.650(4), 501862-780.680(4), 501962-780.690(10), 5020or 502162-780.750(6), 5022F.A.C.;

    5023(f) If applicable, a reference to all engineering and institutional controls that were implemented or relied upon at the contaminated site. For engineering controls, a brief description of the physical control and any maintenance or monitoring requirements shall be included. For recorded institutional controls, a copy of the restrictive covenant 5073(or other recorded instrument) 5077including a reference to the book and page numbers where recorded shall be attached. 5091For non-recorded institutional controls, a citation to the rule(s), ordinance(s), or other instruments (including the Site Rehabilitation Completion Order itself when deemed appropriate by the Department) that comprise the institutional control, shall be included together with a copy of the pertinent sections of the instruments;

    5136(g) If applicable, a statement that the Site Rehabilitation Completion Order is conditioned upon such engineering and institutional controls being effective, properly maintained, and remaining in place. If applicable, the following statement shall be included: “If the real property owner proposes to remove the institutional controls or engineering controls, the real property owner shall obtain prior written approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless it is demonstrated to the Department that the criteria of subsection 523062-780.680(1), 5231F.A.C., are met;” and,

    5236(h) A statement that the Site Rehabilitation Completion Order is subject to specific statutory re-openers and a listing of those re-openers found in section 5260376.30701(4), F.S.

    5262(8) Prior to the Department’s approval of a No Further Action Proposal with institutional controls or with institutional and engineering controls 5283or alternative CTLs, 5286the PRSR shall provide notice of the Department’s intent for such approval in accordance with subsection 530262-780.220(7), 5303F.A.C.

    5304(9) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

    5321Rulemaking 5322Authority 5323376.303, 5324376.3071, 5325376.30701, 5326376.3078(4), 5327376.81, 5328403.061, 5329403.0877 FS. 5331Law Implemented 5333376.3071, 5334376.30701, 5335376.3078(4), 5336376.81, 5337403.0877 FS. 5339History–New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.
    5345Editorial Note: 5347Portions of this rule were copied from rule 535562-770.680; 535662-782.680; 5357and 535862-785.680, 5359F.A.C.

     

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